California Judge Throws Out $6.5 Million Actos Lawsuit Verdict

On May 1, 2013, Judge Kenneth Freeman threw out a jury verdict in the Superior Court of California that awarded $6.5 million in damages to plaintiff Jack Cooper in an Actos lawsuit. Cooper alleged that using the type 2 diabetes drug Actos for more than 5 years directly caused him to develop bladder cancer, and that Takeda Pharmaceuticals failed to adequately warn about the health risks. Jack Cooper was awarded compensatory damages for his injuries and financial losses, while his wife was awarded compensation for loss of consortium. The judge’s decision to overturn the Actos trial verdict was based on the inability of the plaintiff’s attorneys to sufficiently prove that ingesting Actos caused Cooper to have bladder cancer.

In numerous Actos lawsuits filed in state and federal courts, plaintiffs have alleged Takeda Pharmaceuticals fraudulently concealed the fact that using Actos for more than a year may increase the risk of bladder cancer. Cooper’s case was the first one out of more than 3,000 pending Actos lawsuits to go to trial. When the nearly two-month trial concluded, the jury deliberated for eight days before it rendered a verdict in favor of the plaintiff on April 26, 2013.

After the verdict was presented, Takeda Pharmaceuticals submitted a motion to the court stating that the plaintiffs didn’t have enough evidence to support its case. Judge Freeman ruled in favor of the defendant’s motion. According to Judge Freeman, the jury’s decision was thrown out since the doctor who concluded Actos caused Cooper’s bladder cancer provided unreliable testimony during the trial. Cooper’s attorneys plan on appealing the judge’s ruling.

Medical studies link Actos to bladder cancer

Bladder cancer, congestive heart failure, liver cancer, and bone fractures are some of the dangerous side effects associated with Actos, based on results from several medical studies. Patients who have filed lawsuits against Takeda Pharmaceuticals allege that they sustained serious health problems as a direct result of using Actos. The lawsuits assert that Takeda Pharmaceuticals manufactured a defective drug, failed to conduct sufficient clinical safety trials, and didn’t fulfill its duty to disclose the life-threatening side effects linked to Actos.

Takeda Pharmaceuticals marketed Actos as an effective drug for regulating the blood glucose levels of patients with type 2 diabetes, but a 2005 medical study concluded that patients who used Actos had a greater risk of developing bladder cancer compared to patients who used other types of drugs for diabetes treatment. A 4-year study conducted in France revealed the men who used Actos for more than a year had a higher risk of getting bladder cancer.

In June 2011, the FDA issued a public safety alert stating that the risk of developing bladder cancer increased by 40% when patients used the prescription drug for at least a year. The FDA ordered that the Actos warning labels be updated to inform patients of the risk of bladder cancer.

In May 2012, the British Medical Journal published the results of a study that confirmed an association between Actos and bladder cancer. The rate of bladder cancer increased amongst the patients who received higher doses of Actos and used the drug for at least 24 months.

Legal options for bladder cancer patients in New York

If you or a loved one has used Actos and developed bladder cancer or other serious injury, you should speak with a qualified New York personal injury attorney to find out about your legal options. The Sanders Firm has helped injured patients and their families defend their rights so that they can get the compensation needed in order to cover their past, present, and future medical expenses, lost income, and other damages they are entitled to receive. Our legal team possesses the skills and resources needed to build the strongest possible case for our clients.

The Sanders Firm will carefully evaluate your potential claim to determine if you are eligible to file a lawsuit. It is important to consult with a New York personal injury lawyer immediately since individuals are only given a limited amount of time to pursue their legal options. If a lawsuit is not filed before the statute of limitations expires, the person is barred from potentially receiving compensation from the entities responsible for their injuries.

File an Actos lawsuit in New York

If you or a loved one has sustained a serious injury as a result of using Actos and was never warned about the medical risks, contact The Sanders Firm for a free, no-obligation consultation. We have offices located in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, and Long Island. A New York personal injury attorney will inform you of your rights and let you know if you are eligible to receive compensation. For more information on Actos lawsuits, call today toll-free: 1 800 FAIR PLAY (800.324.7752).

The Sanders Firm is a national personal injury law firm with principal offices in Manhattan, Long Island, Brooklyn, and Bronx. The Sanders Firm represents clients nationwide in class action lawsuits, federal litigation and multi-district litigation. Call to speak with a lawyer for a free consultation, there is no charge unless the firm wins your case and recovers a monetary award.
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